1,052,211
Caroline gave a great answer. On the face deed restrictions run with the properties so it's unlikely that they can be changed. Can they be modified? That depends on the governing body. Do agents talk out of their posteriors when describing their listings? All the time.
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
911,338
Too many agents make false claims about what they think properties can be used for, yet most of the time they have no evidence to back up their claims. Consult an attorney about the possibility of making changes.
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Nina Hollander, Broker
Charlotte, NC
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Inna Ivchenko
Encino, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Anthony Acosta - ALLAT...
Atlanta, GA
417,221
Conditional Use Permit issued from the county planning department would allow commercial use. What is zoning on the neighbor properties? for example: you want to put a bar on subject lot and there's a church or school nearby- going to have people show up and object, and planning will go with status quo. There's a fee to apply, public notice, public hearing and process - buyer maybe not allowed to run a maybe question through the system. Go to planning desk and ask ( bring plat map, prelim and plans) They will look at size of lot or the type use you want and what is existing- (you need to have same setbacks and height restrictions of neighbors or people whose views you block are going to fight.) There are specialists, call them lobbyists who wink wink negotiate with the neighbors before the hearing process- a big developer or connected attorney can recommend the expert who has gotten the difficult CUP's approved
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
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Anthony Acosta - ALLAT...
Atlanta, GA
6,393,179
Sounds like a question for a Very Good Attny.
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Debe Maxwell, CRS
Charlotte, NC
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Inna Ivchenko
Encino, CA
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Anthony Acosta - ALLAT...
Atlanta, GA
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Bob Crane
Stevens Point, WI
2,220,323
Great question for a real estate attorney.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Bob Crane
Stevens Point, WI
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Anthony Acosta - ALLAT...
Atlanta, GA
5,049,108
I would check with a real estate attorney on that
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Anthony Acosta - ALLAT...
Atlanta, GA
5,005,642
I would definitely recommend an attorney..beyond your scope as an agent.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Anthony Acosta - ALLAT...
Atlanta, GA
3,988,007
Many restrictions have an expiration date where they no longer are valid. Have you checked that?
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
2,684,009
You absolutely must see a real estate attorney; get a written opinion.
If the covenants were never enforced, or exceptions were made, or the HOA became "defunct", any deed restrictions might be declared by a judge to be null and void.
But again, let an Attorney make that finding.
As for the Listing Agent, if there are enforceable restrictions like that in place, that agent could be setting themselves up for a civil suit based upon misrepresentation.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
3,416,038
The only person i woudl want answering that i would listen to is a local real estate lawyer.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
5,583,278
ask a real estate attorney that question....
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
5,772,575
Erika,
This is the purview of a real estate attorney.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
809,258
Title Attorney and/or Title Officer needs to answer this question for you, and possible with help from city/county zoning & development. Sorry I can't help. -Kasey
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
3,986,258
An atty is needed on this one and I would have to say that with the agreement of all parties I don't see why not, but again it is a legal issue that needs careful consideration and professional help
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Nina Hollander, Broker
Charlotte, NC
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Anthony Acosta - ALLAT...
Atlanta, GA
7,836,134
Look at the documents to see the requirements for changes.
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Jeff Pearl
Lovettsville, VA
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Anthony Acosta - ALLAT...
Atlanta, GA
5,104,931
I certainly can't... but this is really a question for an attorney.
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Jeff Pearl
Lovettsville, VA
4,319,419
Erika Albert - this is more of an attorney question....
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Nina Hollander, Broker
Charlotte, NC
1,239,901
Suggest you contact title officer. I believe it is a NO w/o spending lots of lots search fees.
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Nina Hollander, Broker
Charlotte, NC
1,622,432
Yes, it can be changed, but it is very difficult. If the agent can not provide you any documents proving his claim, I agree with Jeff Pearl that this agent is clueless. More than than this agent might be exposing him/herself into a huge legal trouble just assuming wanna-be things.
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Nina Hollander, Broker
Charlotte, NC
1,712,676
You need a good real estate attorney.
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Nina Hollander, Broker
Charlotte, NC
5,216,398
You need a local real estate attorney to get the correct answer. You might start at the title company who issued the commitment.
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Nina Hollander, Broker
Charlotte, NC
2,781,173
In the early 1930's Los Angeles, people would put in deeds that no one other than the white race could buy this home and it held until deemed illegal. I know we can put in a restriction but how to take one out? Good question
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Nina Hollander, Broker
Charlotte, NC
544,014
5,868,538
599,274
I'm with Caroline. First off, who created the CCRs and who enforces them if there is no HOA? Second, there could have been changes made over the years. Have you talked to the listing agent to see if they already have the answer?
815,253
1,617,916
1,502,998
I've learned over the years to take what agents say with a shaker of salt. A big, Costco sized shaker of salt. As to what can and cannot be done in the great state of Texas, that's best left to a Texas real estate attorney.
1,157,785
Consult knowledgeable legal counsel in the jurisdiction where the property is located.
4,434,127
4,800,082
3,345,091
That sounds like a legal question for an attorney well versed in these matters. Good luck with this.
4,936,677
1,466,207
Erika Albert Restictions can be changed through rezoning approvals and special use permits via County/City zoning officials. A title search will tell you if any zoning on the property has changed. I can't speak for Texas, but in my state a marina is a commercial use.
1,543,662
1,725,996
With the assistance of a Board Certified Real Estate Attorney. This is not for any real eestate agent to even answer this question
4,882,355
3,071,489
5,229,951
I'm with Dorie Dillard - Ask these same questions to a real estate attorney - not something you could change without one anyway. Good luck, Erika Albert!